How Europe will save your skin

Trying to date, but can't seem to impress the women with that tyre growing around your waste? Want to get in shape, but are too cheap to buy a health club membership? Never fear. A variety of electronic gadgets, which promise to transform you into Mr. Universe within a couple of weeks from the comfort of your own armchair, are still available on the market. Whether you prefer that plastic gadget that straps to your stomach and punches you in the belly every second or a string of electrodes that fry your muscles into submission (including your heart), you too can have abs of steel while continuing to flip through the television channels using your remote control. But you had better hurry up. As of January 1, 2003, the sale of such "exercise" equipment may become a thing of the past.

Poland has recently adopted a series of new regulations designed to protect consumers (and retailers too) from deceptive advertising and shoddy workmanship. In line with EU Directive 1999/44, which required all existing member countries to adopt a uniform set of consumer sales laws by January 1, 2002, Poland has enacted a similar law to take effect on January 1, 2003. The Consumer Sale Act will regulate the sale of all consumer goods intended for personal use, including those goods sold over the Internet. The sales of goods between businesses will continue to be regulated by the Civil Code.
Under the Consumer Sale Act, the seller of the "Belly Buster" exercise equipment will be liable for all exaggerated claims. This represents a fundamental change from the current law. Under the current law, for instance, our Mr. Universe would have no claim against the seller of the Belly Buster unless it was actually "defective." In other words, as long as that plastic gadget punched Mr. Universe in the belly every second as promised, it was not considered to be defective, even if after one year of steady use the women were still not impressed with Mr. Universe's mid-section.
The new law, however, changes all of this. As of the beginning of the year, the Belly Buster and all other consumer products will be judged on whether they "conform" to the contract of sale. Specifically, the contract of sale will no longer be limited to what the written document of sale or the product label stipulates. The contract of sale will take into account "all" advertising claims, actual and implied. By "all," I mean all claims and assertions made by the manufacturer, wholesaler and even other retailers. That's right, the seller may now be held accountable for the claims made by a competitor. If Mr. Universe doesn't see the results as advertised, he will now be able to return the Belly Buster to the retailer who sold it to him in order to repair it, exchange it, negotiate a price reduction or obtain a full refund, depending on the nature of the non-conformity.

The retailer, likewise, will be entitled to seek reimbursement from the manufacturer or wholesaler of the Belly Buster within six months of satisfying Mr. Universe's claim.
Identical to the EU Directive, the second major change introduced by the Consumer Sale Act extends the seller's liability to the consumer to two years. Currently, the length of time is one year. Whether our Mr. Universe will be able to seek reimbursement at the end of two years is not entirely clear. The new law requires the purchaser to notify the retailer of any non-conformity within two months of its discovery. Certainly, Mr. Universe would have noticed well before the expiration of two years that his tyre seemed to be getting bigger, not smaller. The two-year period will start anew for any repairs or replacement parts.
Under the terms of the new law, the two-year liability period cannot be waived by the consumer or contracted around by the retailer. As such, the Belly Buster will be subject to the two-year liability period, even if the manufacturer's written commercial guarantee stipulates a shorter time period.

Now, before some of you get any crazy ideas, a word of caution. As in the case of Mr. Universe, the Consumer Sale Act does not require a retailer to honour every demand for repair, exchange or a refund brought by an unhappy consumer. In order to receive a refund or price reduction, the non-conformity must be substantial, depending on the nature of the product and its intended use. A little common sense is necessary. Normal wear and tear is not covered by this law. A shoe store is not required to replace your shoes after two years of constant use simply because the heel has developed an angle to the left. However, if your "unscratchable" Rolex suddenly develops a scratch on its sapphire glass cover, you may be entitled to receive quite a nice Christmas gift.
As for Mr. Universe, my legal advice is to reduce your fat intake, get out of your armchair, exercise regularly (preferably sit-ups), consult your physician and call a dating agency.

Wojciech Babicki is the managing partner of Miller, Canfield, Paddock & Stone's Gdynia office.